United States v. James Donald Lathan, Jr., (Two Cases)

On August 18, 1975, this court, by this panel, filed an order remanding the above entitled matter bearing number 75-1747 to the District Court Judge who heard the case below, “with instructions to forthwith correct or clarify the judgment,” relating to the difference between the court’s finding that there was proof of the receipt of a firearm (R.T. 34-35); and the Clerk’s Transcript, reading that the defendant was found guilty of possession of a firearm. (C.T. p. 8).

There is now before this court the corrected Judgment and Commitment, filed in the District Court on September 22, 1975, correcting the conviction from one of possession to one of receipt of a firearm in violation of the same statute. (C.T. p. 2) No new evidence was produced. The same sentence was imposed. On appeal to this court, a new number on appeal was given— No. 76-1137. Appellant has been out of custody on bond during each appeal.

The sole issue which Lathan raises on each appeal is that the facts before the District Court did not support his conviction for receipt of a firearm by a felon in violation of 18 U.S.C. App. § 1202(a). That statute provides in pertinent part:

At trial, it was stipulated…